State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Blacktown Growth Centres Precinct Plan) 2013 (2013-582) LW 4 October 2013 (NSW)
| New South Wales |
State Environmental Planning Policy
(Sydney Region Growth Centres)
Amendment (Blacktown Growth Centres
Precinct Plan) 2013
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
BRAD HAZZARD, MP
Minister for Planning and Infrastructure
State Environmental Planning Policy (Sydney Region Growth
Centres) Amendment (Blacktown Growth Centres Precinct Plan)
2013
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Sydney Region Growth Centres)
Amendment (Blacktown Growth Centres Precinct Plan) 2013.
2 Commencement
|
3 Maps
Each map adopted by State Environmental Planning Policy (Sydney Region Growth Centres) 2006 that is specified in Column 1 of the following table is declared by this Policy to be amended or replaced, as the case requires, by the map specified opposite in Column 2 of the table as approved by the Minister on the making of this Policy:
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Development | North West Growth Centre Development |
| Control Map | Control Map |
| (SEPP_SRGC_NW_DVC_001_020_20090 | (SEPP_SRGC_NW_DVC_001_020_20130 |
| 701) | 926) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Development | North West Growth Centre Development |
| Control Map | Control Map |
| (SEPP_SRGC_NW_DVC_002_020_20090 | (SEPP_SRGC_NW_DVC_002_020_20130 |
| 701) | 926) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Development | North West Growth Centre Development |
| Control Map | Control Map |
| (SEPP_SRGC_NW_DVC_005_020_20120 | (SEPP_SRGC_NW_DVC_005_020_20130 |
| 402) | 926) |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Floor Space | North West Growth Centre Floor Space |
| Ratio Map | Ratio Map |
| (SEPP_SRGC_NW_FSR_001_020_200812 | (SEPP_SRGC_NW_FSR_001_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Floor Space | North West Growth Centre Floor Space |
| Ratio Map | Ratio Map |
| (SEPP_SRGC_NW_FSR_002_020_200812 | (SEPP_SRGC_NW_FSR_002_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Floor Space | North West Growth Centre Floor Space |
| Ratio Map | Ratio Map |
| (SEPP_SRGC_NW_FSR_005_020_201212 | (SEPP_SRGC_NW_FSR_005_020_201309 |
| 06) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Heritage Map | North West Growth Centre Heritage Map |
| (SEPP_SRGC_NW_HER_001_020_200812 | (SEPP_SRGC_NW_HER_001_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Heritage Map | North West Growth Centre Heritage Map |
| (SEPP_SRGC_NW_HER_002_020_200812 | (SEPP_SRGC_NW_HER_002_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Heritage Map | North West Growth Centre Heritage Map |
| (SEPP_SRGC_NW_HER_005_020_201203 | (SEPP_SRGC_NW_HER_005_020_201309 |
| 16) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Height of | North West Growth Centre Height of |
| Buildings Map | Buildings Map |
| (SEPP_SRGC_NW_HOB_001_020_20081 | (SEPP_SRGC_NW_HOB_001_020_20130 |
| 203) | 924) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Height of | North West Growth Centre Height of |
| Buildings Map | Buildings Map |
| (SEPP_SRGC_NW_HOB_002_020_20081 | (SEPP_SRGC_NW_HOB_002_020_20130 |
| 203) | 924) |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Height of | North West Growth Centre Height of |
| Buildings Map | Buildings Map |
| (SEPP_SRGC_NW_HOB_005_020_20121 | (SEPP_SRGC_NW_HOB_005_020_20130 |
| 206) | 924) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Application | North West Growth Centre Land Application |
| Map | Map |
| (SEPP_SRGC_NW_LAP_001_020_201003 | (SEPP_SRGC_NW_LAP_001_020_201309 |
| 30) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Application | North West Growth Centre Land Application |
| Map | Map |
| (SEPP_SRGC_NW_LAP_002_020_201003 | (SEPP_SRGC_NW_LAP_002_020_201309 |
| 30) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Application | North West Growth Centre Land Application |
| Map | Map |
| (SEPP_SRGC_NW_LAP_005_020_201203 | (SEPP_SRGC_NW_LAP_005_020_201309 |
| 16) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Reservation | North West Growth Centre Land Reservation |
| Acquisition Map | Acquisition Map |
| (SEPP_SRGC_NW_LRA_001_020_201003 | (SEPP_SRGC_NW_LRA_001_020_201309 |
| 30) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Reservation | North West Growth Centre Land Reservation |
| Acquisition Map | Acquisition Map |
| (SEPP_SRGC_NW_LRA_002_020_201003 | (SEPP_SRGC_NW_LRA_002_020_201309 |
| 30) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Reservation | North West Growth Centre Land Reservation |
| Acquisition Map | Acquisition Map |
| (SEPP_SRGC_NW_LRA_005_020_201203 | (SEPP_SRGC_NW_LRA_005_020_201309 |
| 16) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Lot Size Map | North West Growth Centre Lot Size Map |
| (SEPP_SRGC_NW_LSZ_001_020_200812 | (SEPP_SRGC_NW_LSZ_001_020_201309 |
| 03) | 24) |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Lot Size Map | North West Growth Centre Lot Size Map |
| (SEPP_SRGC_NW_LSZ_002_020_200812 | (SEPP_SRGC_NW_LSZ_002_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Lot Size Map | North West Growth Centre Lot Size Map |
| (SEPP_SRGC_NW_LSZ_005_020_201109 | (SEPP_SRGC_NW_LSZ_005_020_201309 |
| 16) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Zoning | North West Growth Centre Land Zoning |
| Map | Map |
| (SEPP_SRGC_NW_LZN_001_020_200907 | (SEPP_SRGC_NW_LZN_001_020_201309 |
| 23) | 26) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Zoning | North West Growth Centre Land Zoning |
| Map | Map |
| (SEPP_SRGC_NW_LZN_002_020_200907 | (SEPP_SRGC_NW_LZN_002_020_201309 |
| 23) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Land Zoning | North West Growth Centre Land Zoning |
| Map | Map |
| (SEPP_SRGC_NW_LZN_005_020_201301 | (SEPP_SRGC_NW_LZN_005_020_201309 |
| 09) | 26) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Native | North West Growth Centre Native |
| Vegetation Protection Map | Vegetation Protection Map |
| (SEPP_SRGC_NW_NVP_001_020_200812 | (SEPP_SRGC_NW_NVP_001_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Native | North West Growth Centre Native |
| Vegetation Protection Map | Vegetation Protection Map |
| (SEPP_SRGC_NW_NVP_002_020_200812 | (SEPP_SRGC_NW_NVP_002_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Native | North West Growth Centre Native |
| Vegetation Protection Map | Vegetation Protection Map |
| (SEPP_SRGC_NW_NVP_005_020_201204 | (SEPP_SRGC_NW_NVP_005_020_201309 |
| 17) | 24) |
| Column 1 | Column 2 |
| Name of map being amended or | Name of amending or replacement |
| replaced | map |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Precinct | North West Growth Centre Precinct |
| Boundary Map | Boundary Map |
| (SEPP_SRGC_NW_PCB_001_020_200907 | (SEPP_SRGC_NW_PCB_001_020_201309 |
| 01) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Precinct | North West Growth Centre Precinct |
| Boundary Map | Boundary Map |
| (SEPP_SRGC_NW_PCB_002_020_200907 | (SEPP_SRGC_NW_PCB_002_020_201309 |
| 31) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Precinct | North West Growth Centre Precinct |
| Boundary Map | Boundary Map |
| (SEPP_SRGC_NW_PCB_005_020_201203 | (SEPP_SRGC_NW_PCB_005_020_201309 |
| 16) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Residential | North West Growth Centre Residential |
| Density Map | Density Map |
| (SEPP_SRGC_NW_RDN_002_020_20100 | (SEPP_SRGC_NW_RDN_002_020_20130 |
| 330) | 924) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Residential | North West Growth Centre Residential |
| Density Map | Density Map |
| (SEPP_SRGC_NW_RDN_005_020_20121 | (SEPP_SRGC_NW_RDN_005_020_20130 |
| 206) | 924) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Riparian | North West Growth Centre Riparian |
| Protection Area Map | Protection Area Map |
| (SEPP_SRGC_NW_RPN_001_020_200812 | (SEPP_SRGC_NW_RPN_001_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Riparian | North West Growth Centre Riparian |
| Protection Area Map | Protection Area Map |
| (SEPP_SRGC_NW_RPN_002_020_200812 | (SEPP_SRGC_NW_RPN_002_020_201309 |
| 03) | 24) |
| State Environmental Planning Policy | State Environmental Planning Policy |
| (Sydney Region Growth Centres) 2006— | (Sydney Region Growth Centres) 2006— |
| North West Growth Centre Riparian | North West Growth Centre Riparian |
| Protection Area Map | Protection Area Map |
| (SEPP_SRGC_NW_RPN_005_020_201203 | (SEPP_SRGC_NW_RPN_005_020_201309 |
| 16) | 24) |
4 Repeal of Policy
|
| Schedule 1 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[1] Clause 7 Controls applying to precincts after finalisation of precinct planning process
Insert at the end of the Table to clause 7 in Columns 1 and 2, respectively:
|
[2] Clause 21 Land to which Part applies
Insert after clause 21 (4) (j):
| (k) | land to which the Blacktown Growth Centres Precinct Plan 2013 (as referred to in Appendix 12) applies. |
[3] Appendix 12
Insert after Appendix 11:
| ||
| ||
| Note. The Standard Instrument (Local Environmental Plans) Order 2006 sets out matters to be included in standard local environmental plans. While this Precinct Plan is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the Standard Instrument (Local Environmental Plans) Order 2006 have been included in this Precinct Plan and the clause numbering from that Order has been retained. This means that the numbering in this Precinct Plan may contain some gaps. Additional provisions have been inserted and are numbered accordingly. | ||
|
This Precinct Plan is the Blacktown Growth Centres Precinct Plan 2013.
| 1.2 | Aims of Precinct Plan |
The aims of this Precinct Plan are as follows:
| (a) | to rezone land to allow for development to occur in the manner envisaged by the growth centre structure plan and the indicative layout for the land to which this Precinct Plan applies, |
| (b) | to deliver housing choice and affordability by accommodating a wide range of residential dwelling types that cater for housing diversity, |
| (c) | to guide the bulk and scale of future development within the Precinct, |
| (d) | to protect and enhance riparian corridors and areas of significant native vegetation by establishing development controls that prevent the clearing of existing native vegetation within the Marsden Park Precinct, |
| (e) | to protect and enhance areas of local heritage significance by establishing development controls in order to maintain and respect the relationships between heritage sites and uses of adjacent sites, |
| (f) | to rezone land to allow for retail and commercial uses to meet the needs of future residents of the Marsden Park Precinct and surrounding areas, |
| (g) | to identify a transport corridor within the Marsden Park Precinct. |
| 1.3 | Land to which Precinct Plan applies |
This Precinct Plan applies to land within the Marsden Park Precinct as shown on the Land Application Map.
Note. The Land Application Map differs from the Precinct Boundary Map and, as such, this Precinct Plan does not apply to all the land within the Marsden Park Precinct (as shown on the Precinct Boundary Map).
| 1.4 | Definition |
In this Precinct Plan, Council means Blacktown City Council.
Note. The Dictionary at the end of this State environmental planning policy defines words and expressions for the purposes of this Precinct Plan, including the relevant maps.
| 1.5 | Notes |
Notes in this Precinct Plan are provided for guidance and do not form part of this Plan.
| 1.6 | Consent authority |
The consent authority for the purposes of this Precinct Plan is (subject to the
Act) the Council.
| 1.8 | Repeal of other local planning instruments applying to land | |
| (1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Precinct Plan applies are repealed. | ||
| (2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Precinct Plan applies and to other land cease to apply to the land to which this Precinct Plan applies. | ||
|
| 1.8A | Savings provision relating to pending development applications |
If a development application has been made before the commencement of this Precinct Plan in relation to land to which this Precinct Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Precinct Plan had not commenced.
| 1.9 | Application of SEPPs | |
|
Note. Section 36 of the Act generally provides that SEPPs prevail over LEPs and other instruments. However, an environmental planning instrument may (by an additional provision included in the instrument) displace or amend a SEPP or LEP to deal specifically with the relationship between the instrument and the SEPP or LEP.
| (2) | The following State environmental planning policies (or provisions) do not apply to the land to which this Precinct Plan applies: State Environmental Planning Policy No 1—Development Standards State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clauses 6 and 13) State Environmental Planning Policy No 60—Exempt and Complying Development |
| (3) | Subject to section 74 (1) of the Act, in the event of an inconsistency between this Precinct Plan and any other provision of this or any other environmental planning instrument, whether made before or after the commencement of this Precinct Plan, this Precinct Plan prevails to the extent of the inconsistency. |
| Note. The other provisions of this State environmental planning policy also contain provisions applying development controls to the North West Growth Centre, including the Marsden Park Precinct. |
| 1.9A | Suspension of covenants, agreements and instruments | |||
|
| (a) | to a covenant imposed by the Council or that the Council requires to be imposed, or |
| (b) | to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or |
| (c) | to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or |
| (d) | to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or |
| (e) | to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or |
| (f) | to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or |
| (g) | to any planning agreement within the meaning of Division 6 of Part 4 of the Act. |
| (3) | This clause does not affect the rights or interests of any public authority under any registered instrument. |
| (4) | Pursuant to section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). |
| Part 2 | Permitted or prohibited development |
| 2.1 | Land use zones |
The land use zones under this Precinct Plan are as follows:
Rural Zones
RU6 Transition
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
Business Zones
B2 Local Centre
B4 Mixed Use
Special Purpose Zones
SP2 Infrastructure
Recreation Zones
RE1 Public Recreation RE2 Private Recreation
Environment Protection Zones
E2 Environmental Conservation E3 Environmental Management
| 2.2 | Zoning of land to which Precinct Plan applies |
For the purposes of this Precinct Plan, land is within the zones shown on the
Land Zoning Map.
| 2.3 | Zone objectives and Land Use Table | |
|
| (a) | the objectives for development, and |
| (b) | development that may be carried out without consent, and |
| (c) | development that may be carried out only with consent, and |
| (d) | development that is prohibited. |
| (2) | The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. | |||
| (3) | In the Land Use Table at the end of this Part: | |||
| ||||
| (4) | This clause is subject to the other provisions of this Precinct Plan. | |||
| Notes. |
1 Schedule 1 to this Precinct Plan sets out additional permitted uses for particular land.
2 Schedule 1 to this Policy sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the Land Use Table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3 Schedule 2 to this Policy sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 2.6 requires consent for subdivision of land.
5 Part 5 of this Precinct Plan contains other provisions which require consent for particular development.
| 2.4 | Unzoned land | |||
|
| (a) | must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and |
| (b) | must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. |
| 2.5 | Additional permitted uses for particular land | |
|
| (a) | with consent, or |
| (b) | if the Schedule so provides—without consent, |
in accordance with the conditions (if any) specified in that Schedule in relation
to that development.
| (2) | This clause has effect despite anything to the contrary in the Land Use Table at the end of this Part or other provision of this Precinct Plan. |
| 2.6 | Subdivision—consent requirements |
Land to which this Precinct Plan applies may be subdivided, but only with development consent.
| 2.7 | Demolition |
The demolition of a building or work may be carried out only with development consent.
Note. The demolition of certain buildings and works is identified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as exempt development.
| 2.8 | Temporary use of land | |||||
|
| (a) | the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Precinct Plan and this or any other applicable environmental planning instrument, and |
| (b) | the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and |
| (c) | the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and |
| (d) | at the end of the temporary use period, the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. |
| (4) | Despite subclause (2), the following development may exceed the maximum number of days specified in that subclause: | |||
| ||||
| (5) | Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). |
Land Use Table
Note. Part 6 of this Precinct Plan sets out local provisions which include additional permissible land uses and heads of consideration for assessment.
Zone RU6 Transition
1 Objectives of zone
| • | To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities. |
| • | To minimise conflict between land uses within this zone and land uses within adjoining zones. |
2 Permitted without consent
Home occupations; Roads
3 Permitted with consent
Agricultural produce industries; Dual occupancies (attached); Eco-tourist facilities; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works; Home businesses; Recreation areas; Recreation facilities (outdoor); Registered clubs; Water recreation structures
4 Prohibited
Any development not specified in item 2 or 3
Zone R2 Low Density Residential
1 Objectives of zone
| • | To provide for the housing needs of the community within a low density residential environment. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To allow residents to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours. |
| • | To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Child care centres; Community facilities; Drainage; Dual occupancies; Dwelling houses; Earthworks; Educational establishments; Environmental protection works; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Neighbourhood shops; Places of public worship; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Veterinary hospitals
4 Prohibited
Any development not specified in item 2 or 3
Zone R3 Medium Density Residential
1 Objectives of zone
| • | To provide for the housing needs of the community within a medium density residential environment. |
| • | To provide a variety of housing types within a medium density residential environment. |
| • | To enable other land uses that provide facilities or services to meet the day to day needs of residents. |
| • | To support the well-being of the community by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Group homes; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top housing; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat repair facilities; Boat sheds; Business premises; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Entertainment facilities; Extractive industries; Freight transport facilities; Function centres; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Information and education facilities; Marinas; Mortuaries; Office premises; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restriction facilities; Retail premises; Rural industries; Rural supplies; Rural workers’ dwellings; Service stations; Sex services premises; Signage; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste or resource management facilities; Wholesale supplies
Zone B2 Local Centre
1 Objectives of zone
| • | To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. |
| • | To encourage employment opportunities in accessible locations. |
| • | To maximise public transport patronage and encourage walking and cycling. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Retail premises; Service stations; Sewerage systems; Shop top housing; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral chapels; Funeral homes; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities
Zone B4 Mixed Use
1 Objectives of zone
| • | To provide a mixture of compatible land uses. |
| • | To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. |
| • | To provide for residential development that contributes to the vitality of the local centre. |
| • | To ensure that residential development adjacent to the local centre does not detract from the primary function of the centre, being to provide for retail, business, entertainment and community uses. |
| • | To facilitate active retail, commercial, entertainment and community facility uses at ground level of mixed use developments. |
| • | To provide for residential development that contributes to the vitality of the local centre. |
| • | To ensure that residential development within the local centre does not detract from the primary function of the centre, being to provide for retail, business, entertainment and community uses. |
| • | To encourage development that will contribute to the economic growth of, and creation of employment opportunities within, the City of Blacktown. |
2 Permitted without consent
Home occupations
3 Permitted with consent
Boarding houses; Business premises; Child care centres; Community facilities; Educational establishments; Entertainment facilities; Function centres; Highway service centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Office premises; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Retail premises; Seniors housing; Sewerage systems; Shop top housing; Any other development not specified in item 2 or 4
4 Prohibited
Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat repair facilities; Boat sheds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Freight transport facilities; Funeral homes; Helipads; Home occupations (sex services); Industrial retail outlets; Industries; Mortuaries; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Sex services premises; Storage premises; Transport depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities
Zone SP2 Infrastructure
1 Objectives of zone
| • | To provide for infrastructure and related uses. |
| • | To prevent development that is not compatible with or that may detract from the provision of infrastructure. |
2 Permitted without consent
Nil
3 Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Drainage; Earthworks; Environmental protection works; Flood mitigation works; Roads; Sewerage systems; Water recycling facilities; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
Zone RE1 Public Recreation
1 Objectives of zone
| • | To enable land to be used for public open space or recreational purposes. |
| • | To provide a range of recreational settings and activities and compatible land uses. |
| • | To protect and enhance the natural environment for recreational purposes. |
2 Permitted without consent
Nil
3 Permitted with consent
Building identification signs; Business identification signs; Community facilities; Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Sewerage systems; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
Zone RE2 Private Recreation
1 Objectives of zone
| • | To enable land to be used for private open space or recreational purposes. |
| • | To provide a range of recreational settings and activities and compatible land uses. |
| • | To protect and enhance the natural environment for recreational purposes. |
2 Permitted without consent
Nil
3 Permitted with consent
Caravan parks; Charter and tourism boating facilities; Community facilities; Drainage; Electricity generating works; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Hotel or motel accommodation; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants; Roads; Sewerage systems; Signage; Water supply systems; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
Zone E2 Environmental Conservation
1 Objectives of zone
| • | To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values. |
| • | To prevent development that could destroy, damage or otherwise have an adverse effect on those values. |
2 Permitted without consent
Nil
3 Permitted with consent
Drainage; Earthworks; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Recreation areas; Roads; Signage; Waterbodies (artificial)
4 Prohibited
Any development not specified in item 2 or 3
Zone E3 Environmental Management
1 Objectives of zone
| • | To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values. |
| • | To provide for a limited range of development that does not have an adverse effect on those values. |
2 Permitted without consent
Nil
3 Permitted with consent
Bed and breakfast accommodation; Community facilities; Drainage; Dwelling houses; Environmental facilities; Environmental protection works; Flood mitigation works; Home businesses; Home industries; Intensive plant agriculture; Places of public worship; Recreation areas; Recreation facilities (outdoor); Roads; Sewerage systems; Waterbodies (artificial)
4 Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
| Part 3 | Exempt and complying development |
| 3.1 | Exempt development |
Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
| (a) | must be of minimal environmental impact, and |
| (b) | cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and |
| (c) | cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). |
(1) The objective of this clause is to identify development of minimal environmental impact as exempt development.
| (2) | Development specified in Schedule 1 to this Policy that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. | |||||||
| (3) | To be exempt development, the development: | |||||||
| ||||||||
| (4) | Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if: | |||||||
| ||||||||
| (5) | To be exempt development, the development must: | |||||||
| ||||||||
| Note. A permit for the removal or pruning of a tree or other vegetation may be granted under this Precinct Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003. | ||||||||
| (6) | A heading to an item in Schedule 1 to this Policy is part of that Schedule. |
| 3.2 | Complying development |
Note. Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
| (a) | it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or |
| (b) | it is on land within a wilderness area (identified under the Wilderness Act 1987), or |
| (c) | the development is designated development, or |
| (d) | the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Precinct Plan or that is subject to an interim heritage order under the Heritage Act 1977), or |
| (e) | the development requires concurrence (except a concurrence of the Director-General of the Department of Environment, Climate Change and Water in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or |
| (f) | the development is on land identified as an environmentally sensitive area. |
| (1) | The objective of this clause is to identify development as complying development. | |||||
| (2) | Development specified in Part 1 of Schedule 2 to this Policy that is carried out in compliance with: | |||||
| ||||||
| is complying development. | ||||||
| Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances. | ||||||
| (3) | To be complying development, the development must: | |||||
| ||||||
| (4) | A complying development certificate for development specified in Part 1 of Schedule 2 to this Policy is subject to the conditions (if any) set out in Part 2 of that Schedule. | |||||
| (5) | A heading to an item in Schedule 2 to this Policy is taken to be part of that Schedule. |
| 3.3 | Environmentally sensitive areas excluded | |
| (1) Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. | ||
|
| (a) | the coastal waters of the State, |
| (b) | a coastal lake, |
| (c) | land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, |
| (d) | land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, |
| (e) | land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, |
| (f) | land within 100 metres of land to which paragraph (c), (d) or (e) applies, |
| (g) | land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, |
| (h) | land reserved or land acquired under the National Parks and Wildlife Act 1974 under Part 11 of that Act, |
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
| (j) | land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, |
| (k) | land in Zone E2 Environmental Conservation, |
| (l) | land that is shown as a native vegetation retention area or an existing native vegetation area on the Native Vegetation Protection Map, |
| (m) | land that is shown as a riparian protection area on the Riparian Protection Area Map. |
| Part 4 | Principal development standards |
| 4.1 | Minimum subdivision lot size | |
|
| (a) | to ensure that the minimum size for lots is sufficient for the provision of usable areas for building and open space, |
| (b) | to facilitate and encourage a range of residential lot types, in particular, small lot housing, |
| (c) | to encourage the efficient use of land for residential purposes. |
| (2) | This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Precinct Plan. |
| (3) | The size of any lot resulting from any such subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. |
| (4) | This clause does not apply in relation to the subdivision of individual lots in a strata plan. |
| 4.1A | Minimum lot sizes for residential development |
| (1) The objectives of this clause are as follows: |
| (a) | to establish minimum lot sizes for residential development, |
| (b) | to ensure that residential development results in the efficient use of land and contributes to the supply of new housing in the North West Growth Centre, |
| (c) | to ensure that residential development has adequate usable areas for buildings and open space, |
| (d) | to ensure that residential development is compatible with the character of the locality and with surrounding residential areas, |
| (e) | to facilitate and encourage the provision of a range of dwelling types. |
| (2) | This clause applies to development on land for which no minimum lot size is shown on the Lot Size Map. | |||||||||||||||
| (3) | The minimum lot size for certain residential development on land in the Blacktown Growth Centres Precinct is set out in the table below. | |||||||||||||||
| ||||||||||||||||
| (4) | Where residential development of a kind referred to in the table to subclause (3) is carried out on land with a split zoning that includes land in Zone R2 Low Density Residential, the area of so much of the land as is within that zone must be no less than the minimum lot size set out in the table. |
| 4.1B | Residential density | |
|
| (a) | to establish minimum density requirements for residential development, and |
| (b) | to ensure that residential development makes efficient use of land and infrastructure and contributes to the availability of new housing, and |
| (c) | to ensure that the scale of residential development is compatible with the character of the precinct and adjoining land. |
| (2) | This clause applies to residential development of the kind referred to in clause 4.1A (3) that: | |||||
| ||||||
| (3) | The density of any residential development to which this clause applies is not to be less than the density shown on the Residential Density Map in relation to that land. | |||||
| (4) | Despite subclause (3), the residential density in the area marked “L” and coloured yellow on the Residential Density Map must not exceed 11 dwellings per hectare. | |||||
| (5) | In this clause: density means the net developable area in hectares of the land on which the development is situated divided by the number of dwellings proposed to be located on that land. net developable area means the land occupied by the development, including internal streets plus half the width of any adjoining access roads that provide vehicular access, but excluding land that is not zoned for residential purposes. |
| 4.3 | Height of buildings | |
|
| (a) | to establish the maximum height of buildings, |
| (b) | to minimise visual impact and protect the amenity of adjoining development and land in terms of solar access to buildings and open space, |
| (c) | to facilitate higher density development in and around commercial centres and major transport routes. |
| (2) | The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. |
| 4.4 | Floor space ratio | |||
| ||||
| 4.5 | Calculation of floor space ratio and site area | |||
|
The objectives of this clause are as follows:
| (a) | to define floor space ratio, | |||
| (b) | to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to: | |||
| ||||
|
| (2) | Definition of “floor space ratio” | |||
| The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. | ||||
| (3) | Site area | |||
| In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be: | ||||
| ||||
| In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development. | ||||
| (4) | Exclusions from site area | |||
| The following land must be excluded from the site area: | ||||
| ||||
| (b) community land or a public place (except as provided by subclause (7)). The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation. | ||||
| (5) | Strata subdivisions | |||
| (6) | Only significant development to be included | |||
| The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot. | ||||
| (7) | Certain public land to be separately considered | |||
| For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out. | ||||
| (8) | Existing buildings | |||
| The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings. | ||||
| (9) | Covenants to prevent “double dipping” | |||
| When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot. | ||||
| (10) | Covenants affect consolidated sites | |||
| If: | ||||
| ||||
| the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Precinct Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land. | ||||
| (11) | Definition | |||
| In this clause, public place has the same meaning as it has in the Local Government Act 1993. |
| 4.6 | Exceptions to development standards | |
|
| (a) | to provide an appropriate degree of flexibility in applying certain development standards to particular development, |
| (b) | to achieve better outcomes for and from development by allowing flexibility in particular circumstances. |
| (2) | Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. | |||
| (3) | Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: | |||
| ||||
| (4) | Development consent must not be granted for development that contravenes a development standard unless: | |||
|
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
| (b) | the concurrence of the Director-General has been obtained. |
| (5) | In deciding whether to grant concurrence, the Director-General must consider: | |||||
| ||||||
| (6) | Development consent must not be granted under this clause for a subdivision of land in Zone E2 Environmental Conservation, Zone RU6 Transition or Zone E3 Environmental Management if: | |||||
| ||||||
| (7) | After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). | |||||
| (8) | This clause does not allow development consent to be granted for development that would contravene any of the following: | |||||
|
| Part 5 | Miscellaneous provisions |
| 5.1 | Relevant acquisition authority | |
|
Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
| (2) | The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). | |||
| ||||
| “Local open space” | ||||
| ||||
| “Local drainage” | ||||
| ||||
| “Local road” | ||||
| ||||
| “Local road widening” | ||||
| ||||
| “Community Facilities” | ||||
| ||||
| “Classified Road” | ||||
| ||||
| “Classified Road Widening” | ||||
| (3) | Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. | |||
| Note. If land, other than land specified in the table to subclause (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). |
| 5.2 | Classification and reclassification of public land | |
|
Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Precinct Plan to discharge trusts on which public reserves are held if the land is reclassified under this Precinct Plan as operational land.
| (2) | The public land described in Part 1 or Part 2 of Schedule 4 to this Appendix is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. | |||||
| (3) | The public land described in Part 3 of Schedule 4 to this Appendix is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. | |||||
| (4) | The public land described in Part 1 of Schedule 4 to this Appendix: | |||||
| ||||||
| (5) | The public land described in Part 2 of Schedule 4 to this Appendix, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: | |||||
| ||||||
| Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4 to this Appendix. |
| 5.3 | Development near zone boundaries | |||
|
| (a) | that is within 50 metres of a boundary between Zone RE1 Public Recreation and any other zone, or |
| (b) | that is within 100 metres of a boundary between any 2 other zones. |
| (3) | This clause does not apply to: | |||||
| ||||||
| (4) | Despite the provisions of this Precinct Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that: | |||||
| ||||||
| (5) | This clause does not prescribe a development standard that may be varied under this Precinct Plan. |
| 5.4 | Controls relating to miscellaneous permissible uses | |
|
If development for the purposes of bed and breakfast accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
| (2) | Home businesses | |||
| If development for the purposes of a home business is permitted under this Precinct Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area. | ||||
| (3) | Home industries | |||
| If development for the purposes of a home industry is permitted under this Precinct Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area. | ||||
| (4) | Industrial retail outlets | |||
| If development for the purposes of an industrial retail outlet is permitted under this Precinct Plan, the retail floor area must not exceed: | ||||
| ||||
| whichever is the lesser. | ||||
| (5) | Farm stay accommodation | |||
| If development for the purposes of farm stay accommodation is permitted under this Precinct Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. | ||||
| (6) | Kiosks | |||
| If development for the purposes of a kiosk is permitted under this Precinct Plan, the gross floor area must not exceed 30 square metres. | ||||
| (7) | Neighbourhood shops | |||
| If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 100 square metres. | ||||
| (8) | Roadside stalls | |||
| If development for the purposes of a roadside stall is permitted under this Precinct Plan, the gross floor area must not exceed 8 square metres. | ||||
| (9) | Secondary dwellings | |||
| If development for the purposes of a secondary dwelling is permitted under this Precinct Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: | ||||
|
| 5.6 | Architectural roof features | |
|
| (a) | to ensure that architectural roof features are decorative elements only, and |
| (b) | to ensure that the majority of the roof features are contained within the prescribed building height. |
| (2) | Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent. | |
| (3) | Development consent must not be granted to any such development unless the consent authority is satisfied that: | |
|
(i) comprises a decorative element on the uppermost portion of a building, and
(ii) is not an advertising structure, and
(iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv) will cause minimal overshadowing, and
| (b) | any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature. |
| 5.8 | Conversion of fire alarms | |||
|
| (a) | converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, |
| (b) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, |
| (c) | converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. |
| (3) | Development to which subclause (2) applies is complying development if it consists only of: | |||
| ||||
| (4) | A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday. | |||
| (5) | In this clause: private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. |
| 5.9 | Preservation of trees or vegetation | |||
|
Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
| (3) | A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by: | |||||||||||||
| ||||||||||||||
| (4) | The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought. | |||||||||||||
| (5) | This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna. | |||||||||||||
| (6) | This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. | |||||||||||||
| (7) | This clause does not apply to or in respect of: | |||||||||||||
|
| 5.10 | Heritage conservation |
Note. Heritage items (if any) are listed and described in Schedule 5 to this Precinct Plan. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
| (1) | Objectives | |||||||
| The objectives of this clause are as follows: | ||||||||
| ||||||||
| (2) | Requirement for consent | |||||||
| Development consent is required for any of the following: | ||||||||
|
(i) a heritage item,
(ii) an Aboriginal object,
(iii) a building, work, relic or tree within a heritage conservation area, altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 to this Policy in relation to the item,
(b)
| (c) | disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, | |||
| (d) | disturbing or excavating an Aboriginal place of heritage significance, | |||
| (e) | erecting a building on land: | |||
| ||||
| (f) | subdividing land: | |||
|
| (3) | When consent not required | |
| However, development consent under this clause is not required if: | ||
|
(i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
| (b) | the development is in a cemetery or burial ground and the proposed development: | |||
| ||||
| (c) | the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or | |||
| (d) | the development is exempt development. |
| (4) | Effect of proposed development on heritage significance | |||||||||
| The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6). | ||||||||||
| (5) | Heritage assessment | |||||||||
| The consent authority may, before granting consent to any development: | ||||||||||
| ||||||||||
| require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. | ||||||||||
| (6) | Heritage conservation management plans | |||||||||
| The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. | ||||||||||
| (7) | Archaeological sites | |||||||||
| The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): | ||||||||||
| ||||||||||
| (8) | Aboriginal places of heritage significance | |||||||||
| The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance: | ||||||||||
| ||||||||||
| (9) | Demolition of nominated State heritage items | |||||||||
| The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item: | ||||||||||
| ||||||||||
| (10) | Conservation incentives | |||||||||
| The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Precinct Plan, if the consent authority is satisfied that: | ||||||||||
|
| 5.11 | Bush fire hazard reduction |
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
| 5.12 | Infrastructure development and use of existing buildings of the Crown | |||
| ||||
| 5.13 | Eco-tourist facilities | |||
|
| (a) | to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out, |
| (b) | to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site. |
| (2) | This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Precinct Plan. | |||||||||||||||||||||
| (3) | The consent authority must not grant consent under this Precinct Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that: | |||||||||||||||||||||
|
(i) measures to remove any threat of serious or irreversible environmental damage,
(ii) the maintenance (or regeneration where necessary) of habitats,
(iii) efficient and minimal energy and water use and waste output,
(iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
| Part 6 | Additional local provisions |
| 6.1 | Public utility infrastructure | |||||
|
| (a) | the supply of water, |
| (b) | the supply of electricity, |
| (c) | the disposal and management of sewage. |
| 6.2 | Information and education facilities in Zone R2 Low Density Residential | |
|
| (a) | to permit, with development consent, information and education facilities within Zone R2 Low Density Residential in limited circumstances, |
| (b) | to provide criteria for the location and development of information and education facilities within Zone R2 Low Density Residential in the Blacktown Growth Centres Precinct, |
| (c) | to ensure that development for the purposes of information and education facilities does not detract from the character and amenity of land within Zone R2 Low Density Residential. |
| (2) | Development for the purpose of information and education facilities is permissible with development consent only on land within Zone R2 Low Density Residential that: | |||||
| ||||||
| (3) | Development consent must not be granted for an information and education facility if it would be located within 800 metres of another information and educational facility within Zone R2 Low Density Residential. |
| 6.3 | Development controls—native vegetation retention areas | |||
|
| (a) | within a native vegetation retention area as shown on the Native Vegetation Protection Map, or |
| (b) | within a riparian protection area as shown on the Riparian Protection Area Map. |
| (3) | This clause does not apply to native vegetation that the Council is satisfied: | |||||||||||
| ||||||||||||
| (4) | This clause does not apply to any native vegetation: | |||||||||||
| ||||||||||||
| (5) | A person must not clear native vegetation on land to which this clause applies without: | |||||||||||
| ||||||||||||
| (6) | Development consent under this clause is not to be granted unless the consent authority is satisfied of the following in relation to the disturbance of native vegetation: | |||||||||||
| ||||||||||||
| (7) | The consent authority must, when determining a development application in respect of the clearing of native vegetation on land within a zone under this Precinct Plan, have regard to the objectives for development in that zone. | |||||||||||
| (8) | This clause does not apply to or in respect of action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993, the Surveying and Spatial Information Act 2002 or the Sydney Water Act 1994. |
| 6.4 | Development controls—existing native vegetation | |||||||
| ||||||||
| 6.5 | Development in Zone E2 Environmental Conservation | |||||||
|
| (a) | the environmental values of the land, | |||
| (b) | methods to be used to revegetate and rehabilitate the land, | |||
| (c) | weed control, | |||
| (d) | the monitoring and ongoing management of the land, | |||
| (e) | other measures: | |||
| ||||
|
| 6.6 | Subdivision of land adjoining Zone E2 Environmental Conservation | |
|
| (a) | to ensure the rehabilitation and revegetation of land that is within Zone E2 Environmental Conservation (other than any such land owned by a public authority), |
| (b) | to ensure that land within that Zone is managed and conserved in a holistic and sensitive manner. |
| (2) | This clause applies to any lot that includes land within Zone E2 Environmental Conservation and land within another zone. | |||
| (3) | Despite any other provision of this Precinct Plan, the consent authority must not grant consent for subdivision of land to which this clause applies or any other development on that land unless it is satisfied that: | |||
|
(i) provide for the ongoing monitoring and management of that land, and
(ii) will take effect before, or simultaneously with, the proposed subdivision or development concerned, and
(iii) are appropriate when considered in conjunction with any vegetation management plan prepared in accordance with clause 6.5.
| 6.7 | Sex services premises | |||
|
| (a) | in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or |
| (b) | used for the purposes of a child care centre, a community facility, a school or a place of public worship. |
| (3) | In deciding whether to grant consent to development for the purposes of sex services premises, the consent authority must consider the impact the proposed development would have on any place likely to be regularly frequented by children. |
| 6.8 | Restricted premises | |
|
| (a) | in Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or |
| (b) | used for the purposes of a community facility, school or place of public worship. |
| (2) | In deciding whether to grant consent to development for the purposes of restricted premises, the consent authority must consider: | |||||
|
| 6.9 | Active street frontages | |||||
|
| (a) | entrances and lobbies (including as part of mixed use development), |
| (b) | access for fire services, |
| (c) | vehicle access. |
| (4) | In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises. |
| 6.10 | Development of land within or adjacent to public transport corridor | |||
|
| (a) | the practicability and cost of carrying out public transport projects on the land in the future, and |
| (b) | without limiting paragraph (a), the structural integrity or safety of, or ability to operate, public transport projects on the land in the future, and |
| (c) | without limiting paragraph (a), the land acquisition costs and the costs of construction, operation or maintenance of public transport projects on the land in the future. |
| Schedule 1 | Additional permitted uses |
(Clause 2.5)
1 Food and drink premises within Clydesdale Estate
On land within Zone RE2 Private Recreation that is within the Clydesdale Estate State Heritage Curtilage (SHR 674)—development for the purposes of food and drink premises.
2 Landfill works
On land being Lot 32, DP 1090993 within Zone RE1 Public Recreation— development for the purposes of landfill rehabilitation works, landfill post closure management and monitoring works, including any works required to comply with Licence 5273 issued under the Protection of the Environment Operations Act 1997 or works in accordance with the surrender of that licence.
3 Gas processing system and associated plant and equipment
On land being Lot 31, DP 1090993 within Zone RE1 Public Recreation— development for the purposes of the operation of a gas processing system and associated plant and equipment for either landfill gas extraction, processing and flaring or generation of electricity from landfill gas, under development consent 03-5430 issued by Blacktown City Council on 29 July 2004.
| Schedule 4 | Classification and reclassification of public land |
(Clause 5.2)
| Part 1 | Land classified, or reclassified, as operational land—no interests changed | |||||
| ||||||
| Nil | ||||||
| Part 2 | Land classified, or reclassified, as operational land—interests changed | |||||
| ||||||
| Nil | ||||||
| Part 3 | Land classified, or reclassified, as community land | |||||
| ||||||
| Nil |
| Schedule 5 | Environmental heritage |
(Clause 5.10)
| Part 1 | Heritage items |
| Precinct | Item name | Address | Property | Significance Item |
| description | no |
| Marsden Park | Cottage | 95 Fermoy Road | Local |
| Marsden Park St Andrews | Corner of Grange | Local |
| Presbyterian | Avenue and |
| Church | Richmond Road |
| Marsden Park | Clydesdale | Richmond Road | Lot 2, DP 260476 State |
| House—farmers cottages and barn |
[4] Dictionary
Insert the following paragraph with appropriate numbering after the last paragraph of the notes to the definitions of bed and breakfast accommodation, farm stay accommodation, home business, home industry, industrial retail outlet, kiosk, neighbourhood shop, roadside stall and secondary dwelling:
clause 5.4 of Appendix 12 in respect of land to which the Blacktown Growth
Centres Precinct Plan applies.
[5] Dictionary
Insert in alphabetical order:
Marsden Park Precinct means the land shown within the Marsden Park
Precinct on the North West Growth Centre Precinct Boundary Map.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
| Schedule 2 | Amendment of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
[1] Appendix 12 Blacktown Growth Centres Precinct Plan
Omit clause 1.9 (2). Insert instead:
| (2) | State Environmental Planning Policy No 1—Development Standards does not apply to the land to which this Precinct Plan applies. |
[2] Appendix 12, clause 2.3
Omit the notes to the clause. Insert instead:
Notes.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Clause 2.6 requires consent for subdivision of land.
3 Part 5 contains other provisions that require consent for particular development.
4 Part 6 sets out additional permitted uses for particular land.
[3] Appendix 12, clause 2.6
Insert at the end of the clause:
Note. State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 specifies certain subdivision development as exempt development.
[4] Appendix 12, Part 3
Omit the Part.
[5] Appendix 12, clause 5.8 (3) and (4)
Omit the subclauses.
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